Ezel / Agency Decisions / PENN 82-26-D

Richard E. Bjes v. Consolidation Coal Company (ALJ decision, August 29, 1984)

Bjes v. Consolidation Coal Company (FMSHRC PENN 82-26-D): Agreed discrimination relief ordered

Decision type
ALJ decision
Docket
PENN 82-26-D
Decided
August 29, 1984
Presiding judge
George A. Koutras
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
30 U.S.C. § 815(c)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1984 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1984
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final order, not Commission precedent
This post-remand ALJ order became final under the 40-day rule in 30 U.S.C. § 823(d)(1). The Commission affirmed the earlier discrimination ruling and remanded for relief; this order sets the agreed relief. It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

The Commission had affirmed a finding that Consolidation Coal Company discriminated against Richard E. Bjes under the Mine Act and sent the case back to Judge George A. Koutras to determine relief. The parties then agreed on back pay, interest, expenses, and attorney fees. The judge ordered Consolidation Coal to pay Bjes $5,121.91 in back pay, interest, and expenses, and to pay $1,375 to the attorneys of record. He dismissed the proceeding upon full payment.

Decision snapshot

  • Cited provision: Mine Act discrimination protection, 30 U.S.C. § 815(c).
  • Outcome: Agreed relief ordered: $5,121.91 to Bjes and $1,375 in attorney fees; dismissal upon payment.
  • Key point: After the Commission affirmed liability, the parties agreed on monetary relief and the judge ordered payment.

Full text (FMSHRC public release)

CCASE:
RICHARD BJES V. CONSOLIDATION COAL
DDATE:
19840829
TTEXT:
~2084

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

RICHARD E. BJES,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. PENN 82-26-D

CONSOLIDATION COAL COMPANY,
Laurel Mine
RESPONDENT

ORDER

On June 15, 1984, the Commission issued its decision in this matter affirming my decision that the complainant Richard E. Bjes was discriminated against by the respondent in violation of section 105(c) of the Federal Mine Safety and Health Act of 1977. The case was remanded to me for the purpose of determining the appropriate relief due Mr. Bjes.

In response to my orders of July 27 and August 13, 1984, the parties have advised me that they have reached an agreement as to the following compensation and awards due to Mr. Bjes:

Back Pay ................ $3451.10
Interest ................. 1497.88
Expenses .................. 172.93
$5121.91

Attorney Fees ........... $1375.00

In view of the foregoing, the respondent IS ORDERED to immediately make payment to Mr. Bjes in the amounts shown above, and to immediately disburse and pay to the attorneys of record the agreed upon amounts as shown. Upon full payment by the respondent in the amounts shown, these proceedings are dismissed.

George A. Koutras
Administrative Law Judge

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